The court considered cross-motions for summary judgment in a failed real estate transaction.
The plaintiffs, Bertus and Diane Nieuwenhuis, sought damages for breach of an agreement of purchase and sale (the "Taunton APS") with the defendant, FRP Inc. The defendant sought the return of its deposit, arguing the agreement became null and void when conditions were not fulfilled or waived.
The court found that neither party was ready, willing, and able to close on the extended closing date, and neither party tendered or reinstated time of the essence.
The agreement was therefore abandoned, and the defendant was entitled to the return of its deposit.
The plaintiffs' claim for damages was dismissed.
